Drive for fireworks lands Katy teen in trouble with the law

FINED FOR THE FOURTHHouston's short fuseA Katy teen faces fireworks charges for driving through a city-annexed area

LINDSAY WISE, Copyright 2008 Houston Chronicle

Published 5:30 am, Wednesday, July 2, 2008

Photo: STEVE UECKERT, CHRONICLE

Image 1of/1

Caption

Close

Image 1 of 1

Stephen Gegenheimer, 17, near the stand on Fry Road where he legally purchased fireworks, testified Tuesday for TNT Fireworks in its lawsuit against Houston. The judge denied TNT's restraining order request, but admonished the city. less

Stephen Gegenheimer, 17, near the stand on Fry Road where he legally purchased fireworks, testified Tuesday for TNT Fireworks in its lawsuit against Houston. The judge denied TNT's restraining order request, ... more

Photo: STEVE UECKERT, CHRONICLE

Drive for fireworks lands Katy teen in trouble with the law

1 / 1

Back to Gallery

Katy teen Stephen Gegenheimer had just bought $50 worth of roman candles and fireworks Monday afternoon and was headed home to set them off in his front yard when he spotted flashing lights in his rearview mirror.

An arson officer with the Houston Fire Marshal's Office told the 17-year-old that he'd violated the law by driving through an annexed area of Houston with fireworks in his trunk.

Gegenheimer was baffled. Fireworks are illegal in the city of Houston, but legal in Harris County. He'd bought his fireworks legally at a stand in unincorporated Harris County and was planning to take them to his house in Katy, a few miles away, where he could legally use them.

But Gegenheimer's direct route from the Wal-Mart in the 1300 block of Fry Road to his house in the 20600 block of Morning Creek Drive passed through a small stretch of Fry Road that has been annexed by the city of Houston, so the officer ticketed him.

"It's ridiculous," said Gegenheimer. "I feel I haven't done anything wrong, but here I am with a $500 to $2,000 fine."

As Americans prepare to celebrate the nation's independence this weekend, Gegenheimer's tale highlights the sometimes confusing laws surrounding the sale, use and transport of fireworks in the Houston area.

City officials have issued more than 1,200 fireworks-related criminal citations since 1997, according to a Municipal Court database of alleged violations obtained by the Houston Chronicle.

"We're just enraged because we feel it's as close to entrapment as you can get," said Gegenheimer's mother, Missy. "He's a good kid. He's never had a violation or a citation in his life and he was just trying to have fun on the Fourth of July."

On Tuesday, her son testified in civil district court on behalf of TNT Fireworks, a national wholesale distributor that has filed a lawsuit against Houston, accusing officials of annexing roads for the sole purpose of enforcing fire codes that prohibit the possession of fireworks.

"We want our customers and our delivery trucks to be able to travel unfettered," said Samantha Trahan, a Houston attorney representing TNT. "Typically a fire marshal has someone who waits outside the stands and then follows customers. That's a detriment to the sale of fireworks and it affects our ability to do business."

Although Judge Martha Hill Jamison denied Trahan's request for a temporary restraining order, she admonished the city against issuing tickets to people like Gegenheimer.

"I'd suggest you get word out to your fire marshals that it's bad PR to be ticketing people who legally bought fireworks and are legally transporting them," Jamison said.

She also suggested the city post signs to indicate when a driver is entering an annexed area.

But that doesn't change the fact that TNT's suit is baseless, Pourteau said.

The city must enforce its laws in annexed areas just as it does in the city limits proper, he said.

Pourteau said he sympathizes with Gegenheimer, but the teenager's story had no place in Tuesday's civil court hearing.

"He'll have his chance to make his case in municipal court," Pourteau said.

Meanwhile, fireworks stands plan to hand out maps to customers to show them what route to take so they can avoid annexed roads.

At the TNT stand in the Wal-Mart parking lot where Gegenheimer bought his fireworks, supervisor Frank Kammerlohr said workers were "blindsided" by reports that officials were ticketing their customers.

The stand is run by volunteers with Katy's Family Life Assembly of God, which is using proceeds to fund a youth group trip to a national fine arts competition and youth convention in North Carolina.

"We obviously didn't have any idea that the HPD or the fire marshal was watching our stand with binoculars or whatever," Kammerlohr said. "I realize the city of Houston can do what it wants, but it seems kind of peculiar that they can hopscotch down Fry Road and annex this block and not that block."